Sunday, December 13, 2009

Lead Attorney In Obama "Birther" Movement Files Brief In Eleventh Circuit Weeks After Case Dismissed For Lack Of Prosecution

Previously, I had a post titled "Lead Anti-Obama 'Birther Movement' Attorney Sanctioned And...Appeals Order To Eleventh Circuit."  The same attorney recently posted a portion of her initial brief in a different case to her web site.  A copy of the entire brief on appeal can be found HERE.  Not mentioned on the web site, and a big problem from the perspective of the appellant, is that the Eleventh Circuit dismissed the appeal fourteen days before the brief was filed.  As stated on the court's docket, a copy of which can be found HERE, on November 24, 2009 the Eleventh Circuit entered an order stating "Pursuant to the 11th Cir.R.42-2(c), this appeal is dismissed for want of prosecution because the appellant failed to file brief and record excerpts within the time fixed by the rules."

I am sure there will be more to this story and thanks to A.P. for pointing out my mistake. 


A. P. said...

You are confusing two cases. The sanctions were for the Rhodes v. McDonald case, which she has appealed but not yet filed a brief for.

The appeal that was tossed was her Cook v. Good case which she filed her brief three week late.

She is also tryiong to get the judge in Claifornia in her Barnet v. Obama case to accept a second amended motion after he has already dismissed the case.

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